GHULAM RASOOL BHAT Vs. ALI MOHAMMAD KADOO

JUDGEMENT

(1.) This is a composite petition filed by the petitioner, both under Sections 103 and 104 of the Constitution of Jammu & Kashmir challenging, inter-alia, order dated 05.06.2015 passed by learned Sub Judge/Special Mobile Magistrate, Anantnag (hereinafter referred to as the "Trial Court") in a suit for Eviction titled Ali Muhammad Kadoo V/s Ghulam Rasool Bhat. Vide order impugned, the trial Court has rejected the application filed by the petitioner/defendant in the suit seeking permission of the Court to file written statement beyond 90 days and has struck off the defence. The order impugned has been assailed by the petitioner on the ground that the written statement, in fact, could not be filed by the petitioner within the stipulated period due to the laxity on the part of the learned Advocate who had been engaged by the petitioner to represent him in the suit and that the petitioner cannot be penalized for the act of his counsel who had been properly engaged and paid for doing the needful.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) There is no dispute on facts that the suit was instituted by the respondent against the petitioner before the trial Court on 27.0201 The petitioner caused his appearance before the trial Court on 17.05.2013 through his Power of Attorney/Advocate, Mr. Sajad Ahmed Parray who sought time to file the written statement. However, on 08.10.2013, an application was moved on behalf of the petitioner seeking condonation of delay and leave of the trial Court to file the written statement.